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py an cA Maricopa County Department of Transportation
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Purchase Agreement and Escrow Instructions
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Title Company Security Title Agency Date 8/8/2016
Address 3636 North Central Avenue, 3'° Floor Phone — (602) 230-6271
City, State, Zip _ Phoenix, Arizona 85012 ; Fax (602) 230-6256
Escrow Officer _ Jason Bryant
Escrow No. 45150015-015-JBA
Marianne Fike, Trustee of the Marianne Fike Trust dated November
Grantor: 15, 2005 Phone: _ (602) 672-8231
Address: 25208 South 187" Place Phone:
City, State, Zip | Queen Creek, Arizona 85142 Fax:
Grantee: Maricopa County, a political subdivision of the State of Arizona
a Maricopa County Department of Transportation
Mailing Address: _
Real Estate Division, 2904 W. Durango Street, Phoenix, Arizona 85009
MARICOPA COUNTY shall pay directly to the Grantor, or Charges and Disbursements to be paid from Grantor's funds as
deposit with the Title Company if escrowed, the purchase price follows (check all that apply):
plus all lawful costs incidental to closing as follows:
Escrow Fees (] Total Acquisition of Grantor's Property: Full release of all
Title Policy Fees monetary liens and encumbrances, and leases of any kind.
Release Fees Pay in full all due and delinquent real property taxes and
general and special improvement assessments. Prorate the
current year's real property taxes on closings that occur on or
After the 3rd Monday of August each year. Escrow Agent
shail withhold the prorated amounts from each party and pay
the lien of the current year's faxes in full.
J Partial Acquisition of Grantor's Property: Partial release of all
monetary liens and encumbrances, and leases of any kind.
At the discretion of Maricopa County, pay due and delinquent
property taxes and general and special improvement
assessments, including full payment of taxes and
Other Charges: assessments on individual assessor parcels within the
Release Fees Maricopa County's partial acquisition, and any Certificate(s)
S.R.V.W.U.A. of Purchase. The current year's taxes shall not be prorated
Taxes - Prorated ‘ regardless of the closing date.
{1 Easement(s): Consent to easement(s) by secured party (ies).
Total Other Charges
(J Other Disbursements:
Sub Total
Title Report Credit
Land $17,062.00 Possession date:
Improvements $23,799.00 Close of escrow:
Date of recording:
Special Conditions Right of Way Contract Yes No [J
Exhibit B
Entry Agreement Yes] No
Total Closing Costs Addendum attached hereto and made a Yes] Nok
Total Purchase Price $40,861.00 part hereof
TOTAL WARRANT**
*Escrow and title policy fees based on this amount only.
“Sum of Total
5 1 75 1 2 4 492 2810 132 36 96.392662 Closing
5 1 75 1 2 5 639 2810 117 28 95.724052 Costs”
5 1 75 1 2 6 769 2810 64 28 95.728447 and
5 1 75 1 2 7 847 2808 103 30 76.227570 Total Purchase Price" only.
The GRANTOR, having executed a conveyance of certain real property rights to the Grantee in a certain conveyance dated August 3,
2016 described in Exhibit A attached hereto and made a part hereof, and having delivered same to the above Title Company as
Escrow Agent, said agent is directed to deliver said conveyance to MARICOPA COUNTY, title to said property to be transferred upon
:
the acceptance of delivery and possession by its BOARD OF SUPERVISORS.
Project: Riggs Road (Power Road to Hawes Road) PCN: TT406
Assessor Parcel No.: 304-89-027J Item No D23237
Right of Way Agent: Wayne Jones Telephone # (602) 234-1000
The Escrow Agent shall first apply the purchase price on deposit to satisfy such taxes, Deed of Trusts, leasehold interests, special assessments, and
other encumbrances as be authorized for payment and the balance thereof shall be paid in accordance with the terms herein.
may
The Escrow Agent is to withhold $ N/A as a security deposit pending satisfactory delivery of the subject property to MARICOPA COUNTY by the
Grantor, Grantor MARICOPA COUNTY may apply the security deposit to payment of any unpaid rents due MARICOPA COUNTY from the
agrees
to for foss or damage sustained by MARICOPA COUNTY caused by the Grantor after the date of this agreement. MARICOPA
Grantor, or payment any
COUNTY will make written authorization to the Escrow Agent for disbursement of the security deposit in accordance with this agreement, after
acceptance of delivery and possession of the subject property.
Instructions to Escrow Agent: Deposit all escrowed funds in escrow account and disburse same by check; pay encumbrances in accordance with this
all agreed items; record such escrowed instruments as are necessary or proper in the issuance of title insurance; and pay the
agreement; prorate
balance of the escrowed funds to the party or parties entitled thereto. It is further understood and agreed that the Title Company shall not be responsible
for any liens or encumbrances not of record at the closing of escrow.
of MARICOPA COUNTY - Public Works Real Estate Division will be furnished a copy of the Grantor's closing statement with the
The Right Way Agent or
authorized officer: “This is to certify this is a true and correct statement of disbursement of funds collected from
following certification signed by an
MARICOPA COUNTY.”
is to the Grantor acknowledge receipt of the amount shown on the closing statement as due Grantor. Either a copy of this
The Escrow Agent request
request or a copy of a signed receipt is to be retained in the escrow file.
will the costs of the owner's title insurance policy; fees associated with lender releases or loan pay-offs, including endorsements,
Maricopa County pay
and other related thereto; escrow fees and other charges by escrow companies incidental to the closing of escrow. In
document preparation, expenses
County at its option, waive escrow and/or title insurance. Upon such waiver, the references to Title Company, Escrow
the alternative, Maricopa may,
Agent and title insurance herein are not applicable.
Hf this transaction is not handled through a title company, the conveyance will be delivered directly to MARICOPA COUNTY and payment will be made
direct from the Grantee to the Grantor after approval and acceptance by the MARICOPA COUNTY BOARD OF SUPERVISORS and the final filing and
recording of the documents.
it is understood and agreed the consideration expressed herein is accepted by the Grantor as full and complete compensation for the interest being
If the acquisition is a partial acquisition from a larger parcel, the consideration expressed herein is likewise, full and complete compensation
acquired. to the Grantor's remaining lands by reason of their severance from the part being acquired and the construction of the
for ail injury or damage
improvements in the manner proposed by MARICOPA COUNTY.
If cost to cure monies have been paid to remove or relocate improvements on the property conveyed, Grantor agrees to remove or relocate such
not later than 30 days from the date of payment. Grantor assumes all liability connected with said removal. It is further agreed that upon
improvements of the time provided for removal, all improvements remaining partially or wholly upon the lands conveyed shall become the property of
expiration
MARICOPA COUNTY and all rights of the Grantor to said improvements shali cease and terminate. Grantor shall be liable for the reasonable costs
in said improvements. License is hereby granted to MARICOPA COUNTY or its agents to enter upon the Grantor's remaining lands
incurred removing
where necessary to accomplish the purpose of this agreement.
if MARICOPA COUNTY is acquiring only a portion of Grantor's property, then Grantor grants to MARICOPA COUNTY, its agents, employees and
contractors, the right to enter Grantor's remaining property as necessary for utility reconnection, driveway reconnection and to facilitate construction on
owned of if required. MARIGOPA COUNTY shall be responsible to the extent that damage occurs out of MARICOPA
adjacent County right way,
of the Grantor's property caused by MARICOPA COUNTY’s negligence, or by the negligent acts or conduct of its agents,
COUNTY's occupation
contractors during the term of MARICOPA COUNTY's temporary occupancy of the property. All claims shall be submitted in accordance
employees, or
of ARS 12-821. It is further understood and agreed that this temporary right will expire and terminate thisty (30) days after
with the requirements
completion of the above referenced project.
settlement is being made in lieu of condemnation, and therefore not admissible as evidence of value, nor for any other evidentiary
It is further agreed
purpose, in conjunction with any judicial or administrative proceeding. -
GRANTOR: Marianne Fike, Trustee of the
Marianne Fike Trust dated November 15, RECOMMENDED FOR APPROVAL: ACCEPTED AND APPROVED:
2005
MARICOPA COUNTY DEPARTMENT MARICOPA COUNTY BOARD OF
77) y ; 4, he
AMAtat. OF TRANSPORTATION SUPERVISORS
~;
Marianne Fike, Trustee
by
Right of Way Acquisition Manager Chairman of the Board
@ | 30 | ole ATTEST:
Date
Approved as to form within the
powers and authority of the Board of Clerk of the Board of Supervisors
Supervisors
Accepted Date
ESCROW OFFICER
Deputy County Attorney Date Date
GS/CS Revised 10/6/2009
EXHIBIT B
RIGHT OF WAY AGREEMENT
Parcel No.: 304-89-027J
Project No.: TT406 Riggs Road (Power Road to Hawes Road)
Item No.: D23237
in consideration hereinafter set forth, it is agreed that this instrument contains the entire agreement
WHEREAS
the Grantor and Maricopa County. No further consideration is being paid than described in this agreement.
between
THE COUNTY OF MARICOPA AGREES:
To the real described in Exhibit A for the general welfare and benefit of the public.
A. use property
B. To the Grantors the sum of Seventeen Thousand Sixty Two and No/100 DOLLARS ($17,062.00) as
pay
payment in full for the property described herein.
To the Grantors the sum of Twenty Three Thousand Seven Hundred Ninety Nine Dollars and No/100
Cc, pay in full for the improvements located on the property described herein and
DOLLARS ($23,799.00) as payment
broken out as follows:
Block Wall and Stucco Wall =$14,171.00
Pony Wall — 10 Linear Feet at $50 per LF =$ 500.00
Irrigation Berm — 155 Linear Feet at $5 per LF =$ 775.00
Asphalt Paving — 300 Sq. Ft. at $2.82 per Sq. Ft. =$ 846,00
Citrus Trees — 13 trees at $370 per tree =$ 4,810.00
Pine Tree — | tree at $320 per tree =$ 320.00
Cement Edging — 24 Linear Feet at $4.10 per LF =$ 98.00
Grass Surface Area — 5,024 Sq, Ft. at $0.39 per Sq. Ft. =$ 1,959.00
Gravel — 180 Sq. Ft. at $1.78 per Sq. Ft. =$ 320.00
Site Improvements Total =$23,799.00
To the Grantors the sum of N/A and No/1 00 DOLLARS ($00.00) as payment for reestablishment of
D, pay
depreciated improvements located on the property described herein.
To the Grantors the sum of N/A and No/100 DOLLARS ($00.00) as payment in full for the Temporary
E. pay
Construction Easement on the property described herein.
To the Grantors the sum of N/A and No/100 DOLLARS ($00.00) as payment in full for the Drainage
F. pay
Easement on the property described herein.
of the Transportation Director it becomes necessary, private structures will be relocated in
G. That, if in the opinion
kind the Grantor’s clear of the property described herein, at no expense to the Grantor except as may
to property,
be herein otherwise agreed.
to construction of roadway improvements on Project No. TT406 Riggs Road (Power Road
H. That no costs relating
to Hawes Road) will be charged to the Grantor.
THE GRANTORS AGREE:
Deed for the real property described in Exhibit A to the County of Maricopa for the general
l. To grant a Warranty
welfare and benefit of the public.
the of Seventeen Thousand Sixty Two and No/100 DOLLARS ($17,062.00) as payment in full
2. To accept sum
for the property described herein.
of Three Thousand Seven Hundred Ninety Nine Dollars and No/100 DOLLARS
3, To accept the sum Twenty
in full for the improvements located on the property described herein and broken out as
($23,799.00) as payment
follows:
Block Wall and Stucco Wall =$14,171.00
Pony Wall — 10 Linear Feet at $50 per LF =$ 500.00
Irrigation Berm — 155 Linear Feet at $5 per LF =$ 775.00
Asphalt Paving — 300 Sq. Ft. at $2.82 per Sq. Ft. =$ 846.00
Citrus Trees — 13 trees at $370 per tree =$ 4,810.00
Pine Tree — | tree at $320 per tree =$ 320,00
Cement Edging — 24 Linear Feet at $4.10 per LF =$ 98.00
Grass Surface Area — 5,024 Sq. Ft. at $0.39 per Sq. Ft. =$ 1,959.00
Gravel — 180 Sq. Ft. at $1.78 per Sq. Ft. ; =$ 320.00
Site Improvements Total =$23,799.00
To the sum of N/A and 00/100 Dollars ($00.00) as payment for reestablishment of depreciated
accept
improvements located on the property described herein.
the of N/A and No/100 DOLLARS ($00.00) as payment in full for the Temporary Construction
To accept sum
Easement on the property described herein,
the of N/A and No/100 DOLLARS ($00.00) as payment in full for the Drainage Easement on the
To accept sum
property described herein.
its is hereby granted the right to enter upon the remaining property of the Grantor for
That the County, or agents,
the of accomplishing C and D above.
purpose of the Warranty Deed, the County and/or its agents shall have immediate use of
That, upon the Grantor's signing
the property described herein.
\ a
GRANTOR “7 DATE bali GRANTOR DATE
i
EXHIBIT “B”
Parcel No, 304-89-0270
Project No, TT406
RIGGS ROAD
(ROM POWER ROAD TO HAWES ROAD)
Item No, D23237
EXHIBIT “A”
LEGAL DESCRIPTION FOR FEE SIMPLE RIGHT OF WAY
described in Document number 2005-1917982 records of
A portion that property
Recorder (MCR) sald property also being a portion of Lot 9 of Chandler
Maricopa County
Citrus Tract Unit No, 3127, as recorded In Book 21, Map 20 MCR, lying within
Heights
Township 2 South, Range 7 East of the Gila & Salt River Base & Meridian,
Section 31,
Maricopa County, Arizona described as follows:
at the Northeast corner of Said Lot 9; THENCE along the North line of
COMMENCING
North 89°34‘00" West a distance of 434,06 feet (North 88°56’41" West,
sald Lot 9,
434,43 feet Record) to the Northeast corner of said property described in Document
2005-1917982 and the POINT OF BEGINNING; THENCE along said North line,
number
89°34'00" West, a distance of 164,44 feet to the Northwest corner of said
North
THENCE along the West line of said property, South 00°27'39" East, a distance
property;
THENCE South 89°34'00" East, a distance of 119.00 feet THENCE South
of 37.00 feet;
distance of 21.39 feet; THENCE South 89°34'00" East, a distance of
44°02'28" East, a
30.49 feet to a point on the East line of said property; THENCE along said East line,
00°32'26" West, a distance of 52.00 feet to the POINT OF BEGINNING.
North
EXCEPT the North 7.00 feet thereof.
above described parcel contains 5,504 square feet or 0.1263 acres, more or less,
The
WITH all right, title and interest In that portion of the North 7.00 feet of the
TOGETHER
East half of said Lot 9 as described in Document number 1986-0218972 MCR lying
within said property described in Document number 2005-1917982,
Page |} of 1
MICHAEL FE,
KING
COUNTY DEPARTMENT OF TRANSPORTATION
MARICOPA
[appr ae - (8
Prelim: 5-11-15 Chis
Rev: ee. _ EXPIRES 3-34-2017
“_ Marlcopa County Public Works - Real Estate Division
cranrok 777 DATES /2 it
EXUTBIT “A”